Political theory and law Revision – 2

Political theory and law TOLERANCE

Political theory and law Toleration Individual freedom Personal autonomy Human interaction

Political theory and law Toleration v. Indifference Deliberate refusal to interfere / constrain Moral neutrality Form of forbearance

Political theory and law Toleration v. Difference Moral neutrality Pluralism and relativism

Political theory and law Toleration and Liberalism Locke’s arguments for toleration Mill’s arguments for toleration Toleration as a core value of liberal societies

Political theory and law Limits of Toleration Excessive, abusive or damaging actions Moral reciprocity Grounds for censorship

Political theory and law Secularism

Political theory and law Freedom of religion Equality Tolerance Neutrality Freedom of Expression

Political theory and law Equality

Political theory and law Formal Equality Foundational equality Equal ‘rights’ Legal equality Universal approval

Political theory and law Equality of Opportunity Initial condition Removal of obstacles Meritocracy Positive discrimination

Political theory and law Equality of Outcome End results Equality and individual liberty

Political theory and law JUSTICE

Political theory and law How should we define justice? Everyday understanding of justice Moral aspect ‘Due’ Distribution – Theories of Just distribution

Political theory and law Rawls’s Theory of Justice The Original Position – Veil of Ignorance The Original Position – Motivation Choice of Principles

PolITICAL THEORY AND LAW The Democratic Conception – the Two Principles of Justice Equal Liberty Set of basic liberties 1. Equal Opportunity Equal access to jobs and services 2. Difference principle Inequalities are justified only if they benefit the least advantaged members of society.

PolITICAL THEORY AND LAW Justice according to needs Needs as the foundation of any fully human life Universal needs Distribution according to needs – Substantive Justice

PolICAL THEORY AND LAW Justice according to rights Rights as moral entitlements Non – egalitarian Procedural Justice

Political theory and law Democracy

Political theory and law Avoiding tyranny Essential rights General freedom Self determination Moral autonomy Human development Protecting essential personal interests Political equality Robert Dahl, On democracy

Political theory and law Liberal Democracy Constitutional government Limited government Individual freedom Checks and balances Civil society Property rights – Market economy Fair and regular elections Universal suffrage Political pluralism

Political theory and law Virtues of democracy Locke – right to property Bentham – universal suffrage Rousseau – participation, general will Mill – participation and intellectual development

Political theory and law Vices of democracy Rule of the ‘privileged minority’ (Pareto, Mosca, Michels) ‘Tyranny of the majority’ (De Tocqueville, Mill, Madison) ‘Instincts of uneducated masses’ (Ortega y Gasset, Talmon)

Political theory and law Representation Representation v. direct rule Government and the governed Elections Mandates

POLITICAL THEORY AND LAW What is necessary for democracy? Freedom Equality Rule of Law Popular Consent Secularism Fair & Competitive Elections